Department of Community, Equality and Gaeltacht Affairs

What is the Freedom of Information (FOI) Act, 1997?

The FOI Act, 1997 created the following three new legal rights for members of the public:

• The right to obtain records held by Government Departments and public bodies.
• The right to obtain reasons for decisions affecting oneself.
• The right to have official information relating to oneself amended where it is incorrect, incomplete or misleading.

The Act came into force on the 21st April 1998 for Government Departments.

Download a copy of the 1997 Act in PDF (477 kb)

Download a copy of the 2003 Act in PDF (62 kb)

What is the purpose of the FOI Acts 1997 and 2003 and what records are covered?

The Acts are designed to provide a right of access to information held by public bodies to the greatest extent possible. However, the Acts by making certain exemptions, seek to achieve a balance between this right of access on the one hand, and on the other, the right to privacy and in some cases the public interest in maintaining confidentiality.

The following records come within the scope of the Act:

• All records relating to personal information held by the Department, irrespective of when created.
• All other records created from commencement date i.e. 21st April 1998.
• Any other records necessary to the understanding of a current record.
• Personnel records of staff created from 21st April 1995 and those created prior to that date where being used or proposed to be used in a way which adversely affects or may affect the person involved. Section 46 of the 1997 Act, as amended by the 2003 Act, sets out the restrictions on the application of the Act.

How do the Acts work?

The Acts require public bodies to respond to requests from the public for records they hold. Generally public bodies must give a decision on a request within four weeks. Staff of public bodies must also assist members of the public seeking access to information.

The Acts require each public body to produce references manuals setting out the structure of the organisation, the services provided and the arrangements in place for providing access to information (commonly known as Section 15 manuals). In addition a manual setting out rules, guidelines and practices used in decision-making must be provided (known as Section 16 manuals).

These manuals will be updated in due course in line with the new Department's functions and responsibilities. The existing manuals for the previous Department of Arts, Sports and Tourism is available below.

How can an FOI request be made?

Requests must be in writing, by fax or e-mail and addressed to:

Department of Arts, Heritage and the Gaeltacht,
Freedom of Information Officer
23 Kildare Street
Dublin 2

Tel: (01) 631 3829
e-mail: corporate.governance@ahg.gov.ie

• State clearly that the request is made under the FOI Acts.
• Identify clearly the records/information sought.
• Specify the manner of access sought i.e. copy of record or opportunity to view record.

Proof of identity will be sought before access to personal information is granted. Assistance for members of the public with special needs can be provided on request.

FOI - Sections 15 and 16 - Reference Book (452 kb)

Can I get access to any records that I seek?

Any official records held can be sought under the Acts. However, in certain circumstances it will be necessary to exempt records from release. Sections 19-32 of the 1997 Act outline exemptions which have to be considered. Some key exemptions include:

• Government Records.
• Personal information (other than information relating to the person making the request).
• Information supplied in confidence.
• Law enforcement and public safety.
• Commercially sensitive information.
• Deliberations of public bodies.
• Functions and negotiations of public bodies.

Is there a charge for accessing records under FOI?

Yes - Fees are payable as follows:

• fees/deposits on foot of requests under section 7 related to the cost of search and retrieval and copying of records released to a requester.
• 'up-front' fees (payable from 7th July 2003) that accompany a request for a record under section 7 (or subsequent application for review under section 14 or 34).

What can I do if I am unhappy with the outcome of my request?

• You are entitled to have the decision reviewed by an Internal Reviewer within the Department.
• An external review procedure to the Information Commissioner is available following the internal review process.
• Appeal to the High Court on a point of law only is available following review by the Information Commissioner.
• The FOI (Amendment) Act 2003 created a right of appeal to the Supreme Court from a decision of the High Court under section 42.

The Decision Maker handling your request will advise you of the review procedures.

FOI Fees (107 kb)

Details of FOI requests received

The attached document is a log of all of the requests submitted to this Department under the Freedom of Information (FOI) Acts since its establishment on 1 June 2011.  It provides the following information in relation to each request received:

1. The reference Number assigned to the request by the Department;
2. The date on which the request was received in the Freedom of Information Unit of the Department;
3. The category of the person making the request, e.g. whether they are a journalist, interest group or company or an individual;
4. A summary of the information or records requested;
5. The date on which the Department’s decision was issued to the applicant;
6. A summary of that decision, e.g. whether the request was granted in full, part granted, refused or withdrawn and dealt with outside of the Freedom of Information Acts.

The table will be updated regularly.   If you have any queries in relation to any of these requests or the operation of the Freedom of Information Acts in this Department generally, please feel free to contact the FOI Unit (details below) and we will be happy to help you.  

Address:  Freedom of Information Unit
                Corporate Governance Division
                Department of Arts, Heritage and the Gaeltacht
                23 Kildare Street, Dublin 2

Email:      corporate.governance@ahg.gov.ie

Tel:          01 631 3829/631 3831

FOI Log (32 kb)
FOI Log